The Insiders
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Apr
25
Freedom of Information Applies to UBC's Corporate Entities
Posted by: Neal Yonson | April 25, 2009 | Comments Off on Freedom of Information Applies to UBC's Corporate Entities
UBC just got a little more transparent.
A very recent ruling from the Office of the Infomation and Privacy Commissioner for BC has ruled that UBC must release records requested under the Freedom of Information and Protection of Privacy Act (FIPPA) for three of its subsidiaries: UBC Properties Investment Ltd., UBC Research Enterprises Inc. and UBC Investment Management Trust.
The FIPPA request was initiated by Stanley Tromp, a former UBC student and Ubyssey reporter who, in 2001, also managed to force the release of Coca-Cola’s 12-year exclusivity contract with UBC and the AMS.
The initial request asked for the annual report, salary of the highest ranking employee and meeting minutes from 7 organizations associated with UBC:
- UBC Properties Investments Ltd., and UBC Properties Trust
- Discovery Parks Inc.
- UBC Foundation
- University Golf Club, and University Golf Course
- UBC Research Enterprises Inc.
- BC Research Inc.
- UBC Investment Management Trust
UBC denied the requests, asserting that these organizations are private organizations, and therefore FIPPA does not apply. Mr. Tromp then requested a review by the Office of the Infomation and Privacy Commissioner for BC resulting in the ruling linked above.
In the end, it was found that UBC Properties Investment Ltd., UBC Research Enterprises Inc. and UBC Investment Management Trust are “under the control of a public body” and therefore must fulfill FIPPA requests. While UBC tried to pull out all the stops in arguing why the records of these bodies were not under their control, the adjudicator seemed distinctly unimpressed with their arguments and rejected all of them as being irrelevant, contrary to the spirit of the law, or inconsistent with precedent.
The adjudicator pointed out that the three organizations were incorporated by UBC, 100% owned by UBC, must report to UBC administration and/or BoG, and most if not all of their directors are UBC employees or BoG members. That constitutes “control”.
The other four organizations were found not to be under UBC’s control and not required to disclose the requested documents. UBC has thirty days to appeal the ruling.
Update April 27: UBC does intend to appeal.
